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| Public Act 102-0722 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sale Price Ad Act is amended by changing | ||||
Sections 1, and 4 and by adding Section 3.5 as follows:
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(815 ILCS 408/1) (was 720 ILCS 350/1)
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Sec. 1. As used in this Act:
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"Seller" means any person or legal entity that is in the
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business of selling consumer goods to the public.
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"Consumer goods" means any machine, appliance, clothing, | ||||
or like
product bought for personal, family or household | ||||
purposes.
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"Advertise" or "Advertising" means a notice in a | ||||
newspaper,
magazine, pamphlet or flyer; an announcement on | ||||
television, cable
television, or radio; and any other method | ||||
of communicating
to the public.
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"Discount" includes, but is not limited to, any coupon or | ||||
promotion in an electronic, digital, paper, or any other | ||||
format that offers a price reduction or credit for any goods to | ||||
a consumer, either directly or indirectly, through redemption | ||||
by a retailer. | ||||
"Person" means an individual, natural person, public or | ||||
private corporation, government, partnership, unincorporated | ||||
association, or other entity. | ||
"Retail mercantile establishment" means a retailer where | ||
55% or more of its gross sales include nonprescription | ||
medicines and any cooked or uncooked article of food, | ||
beverage, alcohol, confection, or condiment used for or | ||
intended to be used for human consumption off premises. | ||
"Self-service checkout" means an interactive electronic | ||
terminal that facilitates an action or displays a piece of | ||
information and allows a consumer to pay for goods and | ||
services. | ||
(Source: P.A. 79-732.)
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(815 ILCS 408/3.5 new) | ||
Sec. 3.5. Disclosure of discounted price; grocery stores; | ||
supermarkets. | ||
(a) If a discount is offered for an item, the retail | ||
mercantile establishment shall provide (i) the original price | ||
and the discounted price; (ii) the original price and a credit | ||
or reduction of the advertised savings; (iii) the amount saved | ||
or the amount reduced as a percentage; or (iv) any other format | ||
for showing the advertised savings of the discount to the | ||
consumer. The retail mercantile establishment may use any | ||
reasonable method available to provide notice of the | ||
advertised savings of the discount, including, but not limited | ||
to, the following commercial channels: | ||
(1) by screen or other display at the point of sale; | ||
(2) by paper or electronic receipt; | ||
(3) by email, text message, mobile or computer | ||
application, or any other electronic or digital | ||
communication; | ||
(4) by in-store consumer promotions, advertisement, or | ||
any other similar display; | ||
(5) by membership, loyalty, or reward program or any | ||
other similar program; or | ||
(6) by any other reasonable means available to the | ||
retail mercantile establishment. | ||
Nothing in this Section shall prohibit a retail mercantile | ||
establishment from providing notice of discounts to consumers | ||
through more than one commercial channel or require the retail | ||
mercantile establishment to provide notice of discounts to | ||
consumers through more than one commercial channel. | ||
(b) In order to be in compliance with this Section, a | ||
retail mercantile establishment may request information from | ||
the consumer that will facilitate the required notice of the | ||
discount to the consumer. A retail mercantile establishment | ||
subject to this Section that accepts information provided by | ||
the consumer shall be deemed in compliance with any law | ||
regulating the collection of personal or biometric | ||
information. | ||
(c) If a consumer refuses to provide information to the | ||
retail mercantile establishment in order for the retail | ||
mercantile establishment to comply with this Section, the | ||
retail mercantile establishment shall not be liable under this | ||
Section. | ||
(d) Consumer discounts are expressly allowed under 27 CFR | ||
6.96. Notwithstanding 27 CFR 6.96, nothing in this Section, | ||
other laws, or rules shall be construed to regulate, limit, or | ||
prohibit the terms of a consumer discount or the ability of a | ||
retail mercantile establishment from offering consumer | ||
discounts for any retail product. | ||
(e) The final purchase price that includes discounted | ||
items offered by a retail mercantile establishment must be | ||
excluded from the amount upon which any fee is charged the | ||
retail mercantile establishment by any person when a consumer | ||
uses a card, note, plate, coupon book, credit, or any other | ||
similar device to purchase the discounted item or items. | ||
(f) The requirements in subsection (a) do not apply to | ||
self-service checkout. Nothing in this Section, other laws, or | ||
rules shall be construed to limit, regulate, or prohibit the | ||
use of a self-service checkout by a retail mercantile | ||
establishment or the products or services purchased at a | ||
self-service checkout located on or within the premises of a | ||
retail mercantile establishment. | ||
(g) The requirements in subsection (a) do not apply to | ||
consumer purchases made at wholesale clubs that sell consumer | ||
goods and services through a membership model. | ||
(h) The regulation of the disclosure of discounted prices | ||
by retail mercantile establishments is an exclusive power and | ||
function of the State. A home rule unit may not regulate the | ||
disclosure of discounted prices by retail mercantile | ||
establishments. This Section is a denial and limitation of | ||
home rule powers and functions under subsection (h) of Section | ||
6 of Article VII of the Illinois Constitution.
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(815 ILCS 408/4) (was 720 ILCS 350/4)
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Sec. 4.
Violation of this Act is a business offense with
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fine not to exceed $25. A person or retail mercantile | ||
establishment shall not be fined in excess of $500 per year for | ||
violations under this Act.
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(Source: P.A. 79-732.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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